Regulating guns in D.C., L.A., wherever
I’m having a hard time understanding all the hoo-hah over the recent decision, by the Supreme court, of overturning Washington, D.C.’s 30-year-old gun ban. In its first ever decision based on the Constitution’s Second Amendment, the high court ruled that D.C. residents have the right to own handguns.
After listening to pundits debate the merits, or the lack of them, I’m still confused. Is the decision more about states’ rights, local control, safety for law enforcement, citizens’ right to protect life and property, or what?
Even more pressing are the possible ramifications. Will D.C. residents all run out and buy handguns because they can? Will a crime wave ensue? Does a city or a county or a state still have the right to limit gun use within all or part of its jurisdictions?
It’s my understanding that the district’s original ban was enacted because crimes involving guns were rampant. Many thought the nation’s capital shouldn’t be such a dangerous place.
So does this mean Los Angeles or Santa Monica can’t ban handguns? And if so, will they just add a bunch of restrictions to laws already covering gun use? Overlapping jurisdictions, conflicting regulations, it’s all a muddle.
For instance, the state of Montana has fairly liberal gun laws, which probably makes sense, as most of it is seriously rural. It’s largest city, Billings, has only about 100,000 residents. Bozeman is fourth largest with about half that number.
However, gun laws in the city of Bozeman differ widely from those in Gallatin County of which it is a part. The county says you can carry a concealed weapon, without a permit, in the backcountry when hunting, hiking, ranching or wherever firearms are used for recreation or protection. Within city limits, where there’s also a lot of hiking and ranching, a valid permit is required.
The county prohibits carrying any firearm onto government or public property-this would include the Gallatin County, Fairgrounds, except that’s where the gun shows are. Also, no guns are allowed in public schools or financial institutions (foiling bank robbers, I suppose). The city rule extends this to include city complexes, public parks, the swim center, public library and other locations listed in Bozeman city ordinance.
The county allows shooting at any form of wildlife (including gophers) with appropriate licenses (tags) when needed; the city bans shooting any animal even with a BB gun or bow and arrow. City dwellers must control gophers with traps or very aggressive cats.
Carrying a firearm concealed by clothing requires a valid permit in both jurisdictions, while carrying a loaded or unloaded weapon under the seat or in the glove box of one’s vehicle requires no permit, wherever.
How a person is supposed to know exactly where the city limit lines are located can be daunting. Perhaps this accounts for the fact that people who don’t even own guns were lining up at the Sheriff’s Department to apply for concealed weapon permits. When asked by a reporter why they wanted the permit, some said they didn’t know. One young woman said she didn’t really intend on carrying a concealed firearm. Some said it would be simpler to buy a gun if they already had the permit.
To get a gun from a federally licensed dealer, a buyer who doesn’t have a concealed-weapon permit must complete a two-page application. Their information is phoned into the National Instant Criminal Background Check System (NICS) where the applicant’s criminal history is checked through FBI records. If any question arises, NICS can impose a three-day waiting period. Well, I can see why you’d want a permit ahead of time if you ever might want to buy even an antique weapon for home decor.
Add to the mix that most state laws require applicants to be U.S. citizens 18 years or older, have state residency of at least six months and a valid driver’s license or other state-issued photo ID. In Montana, at least, proof of firearms proficiency through a certified course, a $55 fee and fingerprints. Oh, and include home addresses for the past five years and place and date of birth.
There are other caveats having to do with things like mental stability, pending judgments, active arrest warrants and substance abuse issues. Well, we wouldn’t want loonies and scofflaws to be packing heat.
For as long as I can remember, it was illegal to discharge a firearm in Los Angeles County. When we moved to the ranch in Kern County, my husband insisted I get a permit to carry a gun when hauling horses. In case of an accident, he expected me to dispatch a suffering animal. I’m not sure I could have done it then and probably wouldn’t now, having shot nothing more than a rattlesnake in decades. I wonder, does carrying a .22 revolver in a garden bucket count as a concealed weapon?
Of course the problem, then as now, is conflicting laws every time you cross a city or county line. I’m glad I don’t have to worry about those things anymore, harboring no guns in car or clothing.
The Supreme Court decision may have sent D.C. residents to gun stores, but I’m not sure anyone will be any safer for it.